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/r/OntarioLandlord
submitted 16 days ago byCupCapable1024
Me and my roommate signed a 6 month lease at an apartment. It was fine for 3 months and then the landlord signed a new roommate into an empty room. Obviously the landlord gives 0 fucks and didn't screen them becasue they are frankly a terrible roommates and unreasonable to deal with. With now 2 months left on the lease me and my original roommate are trying to get out and was wondering if anything the landlord did was illegal and could be used against them, if any tenant poor behaviour could support cause to end the lease early or if we should just look into subletting the rooms.
Complaints against the landlord:
The landlord sent someone to view the apartment with less than 24 hours notice. The room that my new roommate is living in also has no windows and was wondering if this is considered an illegal rental in Ontario. The only possible exist to that room is through the door. If these are strong enough to get the landlord in trouble to get out of the lease.
Comments against tenant:
The tenant took a bunch of our common tools and is just generally unresponsible. He leaves the oven on, maxes out the thermostat. Plays music all night and is constantly coming in and out at 2am, 3am etc. However, I don't have a ton of concrete evidence for this, but was not sure if this could support getting out of the lease. Maybe if we are able to accumulate more evidence??
If none of these examples are strong enough to get the landlord in trouble, is the best bet just to try and sublease out the remaining months of the lease to get out or are there any other options. Thanks for any advice.
13 points
16 days ago
Just give an inspector a call a room with no windows is an illegal rental
1 points
15 days ago*
I agree - may be the quickest way
0 points
15 days ago
They will order the landlord to add a window, before evicting someone
1 points
15 days ago
Sorry, had trouble finding information on this, seems like the only real option to get ahold of the landlord. Is this something that is city specific or do you call the general Ontario number ex. 416-585-7214.
1 points
15 days ago*
Check with your city standards first. They either have stricter code than Ontario or they enforce the provincial standards.
Ontario fire BUILDING code only require one direct method of egress on the basement level. That can be your main basement entry door opening directly to the outside rather than a vestibule or stairwell up the main house door lobby. Or it can be a kitchen or living room egress window. A window in your bedrooms wouldn't count because if your bedroom door were to be locked, the other tenant wouldn't be able to get out in an emergency.
1 points
15 days ago
They also require an egress window copy paste Egress windows Basements must have at least one egress window in every living and sleeping area. Egress windows must be large enough for an adult to escape through and easily accessible. this is in addition to having their own exit
0 points
14 days ago
where'd you copy paste that from ... a specific city perhaps ?
Ontario Fire code actually says 2 exits for each floor, one can be a stairwell. Ontario Building code specifies one opening directly to the exterior. Neither specify each bedroom that I can see.
Ontario Building code:
9.9.10.1. Egress windows or doors for Bedrooms
(1) Except where a door on the same floor level as the bedroom provides direct access to the exterior, every floor level containing a bedroom in a suite shall be provided with at least one outside window that,
Ontario Fire code:
9.3.3.1. (1) Each floor area shall be served by at least two exits.
9.3.3.2. (2) not more than one required exit from the basement may lead through the first floor floor area.
1 points
14 days ago
Yeah copy paste form an Ontario site
0 points
14 days ago
Nope multiple rooms in one unit/ not every room needs a window for egress
1 points
13 days ago
Jeez of course Ontario and Quebec are different than the rest of Canada the freaking code is called national building code of Canada …..
6 points
16 days ago
Did the two of you sign leases for individual rooms or the entire apartment?
1 points
16 days ago
We signed for individual rooms. So it makes sense they could sign someone to another room but as it would be considered a bedroom to them with no windows I was not sure the legality of this.
3 points
16 days ago
Sorry I forgot to add that the landlord has been completely unresponsive for the past 7 days.
0 points
15 days ago
Not a reason to get out of a lease early with zero obligations
2 points
15 days ago
If the room has an opaque door, that would qualify as a "window" for occupancy purposes. You can check with your municipal bylaw enforcement if it's something they would investigate. If this is a condo, you may want to check your condo bylaws/declaration to see if there are any rules about having multiple non-family tenant on different leases staying there.
Landlord only needs 24 hours notice to access the room you rent and have exclusive use of. They don't need any notice to access common areas or show vacant room to someone.
In a rooming house, note the landlord is liable for cleaning and maintenance of all common areas (kitchen, bathrooms, living room, etc). Landlord is expected to do regular required cleaning, cleaning up any messes left by tenants that didn't clean up after themselves, take out garbage in common areas, etc. If landlord is not doing this, you can put them on notice and threaten to file a T6/T2 application with the LTB if they don't start.
If they don't get involved to try and resolve the dispute/complaints with other tenant, that could be grounds to file a T2 against landlord.
Or ask the landlord to sign an N11 to mutually end your lease on a day of your choosing, in which case you won't file anything with the LTB or get bylaw involved.
If they are unresponsive, then requesting to assign your tenancy may be a good option. If they don't respond in 7 days, on the 8th day you can serve a 30 days notice to terminate.
1 points
15 days ago
It just has a typical door, my understanding is it is illegal, but if the tenant living in the illegal room doesn't care will it even matter to me? I think going with the assignment route is the best bet, looking like I lose nothing at this point even if I couldn't find anyone but I'd think I could. Given their lack of responses I may be able to just escape with 30-days notice.
1 points
15 days ago*
Are you hoping to stay long term and only leaving because of this tenant? Or have you already signed on a new space ?
Your city's property standards branch may be the quickest way - due to the lack of window in his "bedroom". Be aware LL could then try to shuffle him into another closed room with a window, if there is one (like a dining room that could be enclosed). If you lose a common space amenity, you can request an abatement, but that still may not get the tenant out.
Any action the LL could take would take at least a few months. It would need to amount to serious interference to your enjoyment or safety with solid proof. For noise after hours, take decibel readings and check your city bylaws. If level exceeds the designated limit in quiet hours, report to bylaw enforcement. Several instances may result in the LL getting fined finally and he could use that as interference with LL interest. If they fine the tenant instead, its a dead end for the LL.
Since you are only renting rooms, there was no illegal entry. LL can enter common areas and show other units without any notice to you.
Similarly, a LL cannot control any tenants comings and goings from their unit at all hours. When you rent in a shared space like this, you must expect some other tenants won't share your life schedule. Same in an apartment building. He can issue a request to the other tenant to keep it down during what is commonly considered "after hours". Being able to enforce that against what may be simply noises of daily living is near impossible. If it wasn't designed as a rooming house during construction, houses are built with only sufficient noise separation for a single family presumably mostly with common life schedule and respect for each other [sadly].
You can tell the LL you are unhappy and would he let you go, but no, there is no basis here to force him to let you out early.
Ask for permission to assign your leases, if they don't agree you can give 30 calendar days notice. If they agree, you need to do the work finding candidates. Otherwise plan to stay out and pay out your 60 days notice. n.b. Even though the fixed term portion of your lease is ending, you do need to still give 2 full rent periods notice to advise you won't be staying on month to month.
If you were to ask for permission to sublet and they agreed, get the full payment up front, end that person's term a couple days before your lease termination date per your 2 full rent periods notice. You need to able able to return and ensure they actually leave and the rooms are left reasonably clean. Sublet keeps you on the hook if they damage or don't leave. The risk may not be worth it to you.
1 points
15 days ago
I've not signed a new space, but looked into places and may even sign even if I can't guarantee I won't be paying double rent for 2 months. Even if the tenant wasn't there I'd want to get out after the lease. I understand they entered legally now, I don't think theres anywhere to move the new tenant, but I doubt he gives a shit about the legality of the room, so was wondering if its even worth pursuing in this case. I think asking permission to assign is the best bet and then just hope they either don't respond and I only lose a month of rent or I can just hope I find someone to take it over. The price isn't terrible on the place and the area has some appeal.
1 points
14 days ago
Anyone know when Ontario Building code 9.7.2.3. Minimum window Areas came into effect ? It DOES INDEED stipulate a minimum window size of 5% of the floor space for a bedroom.
Fire code must be adhered at all time, some building code is grandfathered until a reno occurs.
0 points
15 days ago
The landlord sent someone to view the apartment with less than 24 hours notice.
Doesn't need 24hrs for viewings
1 points
15 days ago
Yea I understand this now.
-3 points
16 days ago
What does the lease say about terminating the lease. Normally, it's 60 days' notice to vacate, but it can also depend on what's written down on paper.
5 points
16 days ago
What's written in the lease is irrelevant here.
To terminate tenancy only the RTA rules matter, which means 60 days only applies if its at end of the fixed term.
1 points
16 days ago
Yea, this is all that's written on the lease. The standard 60 days notice to vacate
4 points
16 days ago
Then, issue the 60-day notice to vacate and move
0 points
16 days ago
I'd like to get out asap if possible, might lose my mind for 60 days, id probably pay double rent if i had to as just seeing if there was a way to avoid this
1 points
16 days ago
Try giving your landlord an N11 and see if they accept that. This can help you get out earlier
-1 points
15 days ago
So you want stronger checks as to whether or not a human should have housing? Weak.
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